Firjl ParHmm\ LAWS OF TKF. PROVINCE OF U?PL7l vAKADA- fl
Third SeJJio^. j 34^ Geo. 3. c. ti. ^. Z>. 1794.
w,
AN ACT
TO LAY AND COLLECT A DUTY UPON STILLS.
HEREAS, for the better fupport of the Government of this Province, it f*«*»i
is expedient to increafe the Revenues thereof; We Your Majefty's mod dutiful
and Loyal Subjefts, the Reprefentatives of the People of the Province of Upper
Canada, in Aifembly met, do moft humbly beieech Your Majefty that it may be
enafted, and be it enafted by the King's moft excellent Majefty, by and with the
advice and confent of the Legiflative Council and Affembly of the Province of
Upper Canada, confiituted and affembled by virtue of and under the authority of
an Aft paffed in the Parliament of Great Britain, intituled, " An Aft to repeal
•' certain parts of an Aft paffed in the fourteenth year of His Majefty's Reign, in-
" tituled, "An Aft for making more effe6iual provifion for ths: Government of
** the Province of Quebec, in North America, and to make further provifion for
" the Government of the faid Province," and by the authority of the lame, That Duty to be pJ;a
from and after the fifth day of April next, there (hall be railed, levied, collected for .every gallon
and paid yearly, and every year, unto His Majefty, His Heirs and Succeft'ors, to jS," V «?i>i£
and tor the ufe of this Province, and towards the fupport of the Civil Government of contaiaing.
thereof, of and from all perfons having and uling a Still or Stills, or hereatter to
have and ufe a Still or Stills, for the purpofe of Diftilling Spirituous Liquors for
fale, a fum not exceeding one (hilling and three-pence, lawful money of this Pro-
vince, for every gallon which the body of fuch Still ox Stills fhaU or may be capa-
ble of containing, in manner herein after mentioned.
II. And whereas it is expedient to make provifion for the fervice of the current Proves f<»
year, Be it enafted by the authority aforelaid, That the faid Duties (hall begin and the current
be payable for the feven months, which will elapfe between the fifth day of Sep- rear* to det«"»
tember, and the fifth day of April next enfuing the paffing of this Aa, to be paid oine ,a p
at and after the rate of feven- pence halt-penny, lawful money as aforefaid, pci
gallon, in manner herein after mentioned.
III. And in order that the fize of the feveral Stills to be employed For the pur- Method of &f-
pofes aforefaid, may be more truly afcertained, and the Duties to be impofed •«*»">"«*«
thereon more eafily collefted, Be it enafted by the authority aforefaid, That from »bteftiiis°. "^
and after the fifth day of November next, it fhaU not be lawful for any perfon to
make ufe of any Still or Stills, for Diftilling Spirituous Liquors for fale, until
be fhall have obtained a Licence for that purpofe ; and every perfon defirous of
obtaining fuch a Licence, (hall, in a written requifition for the fame, to be made
in manner hereafter mentioned, fpecify and fet torth the number of gallons which
the body of the Still or Stills he propofes to ufe, does or do contain, which fpe-
cification fhaU be inferted in the Licence to bim to be granted ; And in cafe any pe»*!rf for
perfon fhaU make ufe of any Still for the purpofe ot Diftilling Spirits tor fale, ufmg or having
without having obtained fuch Licence, or fhall make ufe of any Still or Stills for j" a f""alia" '•
the purpofe of Diflilung Spirits, of larger dimenfions than that or thofe (pecifird ofurgerdiimw!
in his Licence or requifition, or (hall have in his pofiefiion any Still or Stills erect- Com than fpe-
ed or fet up over a Furnace or Fire-place, fo as the lame may be ufed tor Drilling, citied io &* li»
capable of containing fingiy or together a greater number of gallons us the body <CBSSa
or budies thereof, than the number of gallons (pecified and fet ioitb in bu Licence
A JOHN GRAVES SIMCOE Esquire, Lieutenant Governor.
Thirty-Fourth George the Third. c. n. A. D. 1794.
or rcquifition, and be thereof lawfully convifted by confeffion, or on the oath cl-
one credible witnefs, before any of His Majefty*s Juftices of the Peace, he (hall
forfeit and pay for every fuch offence the fum of ten pounds, lawful money as
aforelaid, to be levied by diftrefs and fale of the offenders goods and chattels, one
half of which faid fum of ten pounds fhall be given to the perfon or perfons in-
forming, and the other half paid into the hands of His Majefty's Receiver General,
to and for the public ufes of this Province ; and that the Still or Stills fo employ-
ed fhall be forfeited to His Majefty, and that the party having ufed the fame, fhall
be incapable of obtaining a Licence for the purpofe of Diftilling Spirituous Li-
quors for fale, for and during the term of three yeais.
IV. And be it further EnaEUd by the Authority aforefaid, That the Secretary of the
aaSSTy fce Province for the time being, mall and may by himfelf and Agents for that pur-
Secraary. pofe to be duly appointed in each and every Diftrift of this Province, ifTue all Li-
cences for the purpofes above mentioned, upon fuch requifition as aforelaid, which
may be in the following form :
form of re<pi- u I H. B. do require a Licence for ufing a Still, the body of which is capable
Ejtion for iu«l» •« of containing gallons, and no more (and in cafe more than one Still
Ji'-CBce'' «« is intended to be ufed) and alfo for another Still, the body of which is
" capable of containing gallons, and no more, for the year enfuing.
" the fifth day of April next, as witnefs my Hand H. B. this
" day of
f* To the Secretary of the Province of Upper Canada,
" or his Agent for the Diftrict."
Suefc re<iuifl- ^* And he-it further EnaSled, That every fuch requifition, figned by the party as
'•oiM tobe 'hied, atorefaid, fhall be carefully filed and preferved by the faid Secretary, or his refpec-
* copies thereof t,jvc Agent duly appointed, (which appointment fhall by the faid Secretary be pub-
ffi«d. "^ lic!y notified in the Upper Canada Gazette) and the laid Secretary and each of his
' faid Agents fhall, upon application to any of them for that purpofe made, grant
to every perfon defiring the lame, a true copy of any fuel] requifition filed in his
office, on payment of one (hilling by the party applying for the fame, which copy
{hall be figned by the faid Secretary or his Agent, and ihall be held and taken as
lawful evidence of fuch requifition or Licence, for all purpofes whatever.
Time of apply. VI. And be it further Enabled by the Authority aforefald, That all perfons defirous of
m>j for licences, obtaining fuch Licence as aforelaid, (hall make fuch application as herein before
is fet forth, fo that they may be iupplied with the lame, on or before the fifth
day of September next enfuing, and to the end that the public may be informed
where to apply for fuch purpofe ; the Secretary of the Province fhall and is hereby
LuWiTe"CbiC<th0 re9uirc<* to g,ve notice in the Upper Canada Gazette, or otherwife, at leaft fix
secretary/1 ' weeks next before the faid fifth day of September, and hereafter yearly and every
year at leaft one month before the fifth day of April, fetting forth at what place
and by whom fuch Licences are to be ilfued in every Diftrift in this Province ; and
alto the penalties to be incurred by fuch perfons as fhall r-efufe or negjeft to com-
Do*y for the ply with the provifions herein contained, and the faid Secretary, and his Agents
«urrem feve» in their refpeetive Difirift, ihall upon fuch requifition as aforefaid, make out and
month*. deliver to every perfon applying for the fame, upon payment of the fum of feven-
pence half-penny per gallon as herein before mentioned, 3 Licence for the purpofe
of Diftilling Spirituous Liquors for a period of (even months, which ihall expire
on the fifth day of April next.
firfl Parliamenl. Thirty.Fourth George the Third, C. u, A. D. 1794. 9
VII. And be it further EnaBed by the Authority aforefaid, That all Licences to be Duty for ererj
granted for the purpofes aforefaid, after the (aid fifth day of April next, (hall be enfums >'eafv
dated on the fixth day of April in the year in which they are iflued, and (lull ex-
pire on the fifth day of April next enfuing the date thereof, and that it fhall and
may be lawful for the faid Secretary or his Agents to demand and receive from every
perfon requiring fuch Licence, the (urn of one (hilling and three-pence for every
gallon which the body of the Still or Si ills fo Licenced (hall be capable of contain-
ing according to the Ipecification in the laid Licence contained.
VHI. And be it further Enabled by the Authority aforefaid, That ir fhall and may be ?w
lawful for the faid Secretary and each of his Agents leveralby, to demand and take
the (urn of two (hillings and fix-pence, and no more, as his fee upon, the ilTuing of
•very fuch Licence as aforefaid.
Stills contain; -.J
IX. And be it further Enafled by the Authority aforefaid, That it fhall not be lawful
for the faid Secretary or any of his Agents, to grant a Licence for the working of fefs'thaii xo-gai
any Still, unlefs the body thereof be capable of containing at lead ten gallons Ionsi "ot t0 b»
wine meafure, and if any perfon (hall ufe a Still for the Diftilling of Spiiituous S"0^ d^
Liquors for fale, the body of which is not capable ot containing fen gallons, and faie.
be thereof lawfully convifted, by confeffion, or by the oath of one credible wit-
nefs, before any one of His Majefty's Juftices of the Peace, he dial! forfeit and Penalty.
pay for every fuch offence the lum of ten pounds, one half of v.hich (hall be paid
Co the informer, and the other half into the hands of His Mijefty's Receiver Gene-
ral, to and for the public u-fea ot this Province*, and the fupport of the Govern-
ment thereof.
X. And in order to prevent fraud in the matters aforefaid, Be it enafted by the Seirch m
authority aforefaid, That it fhall and may be lawful for any of H;s Majefry's Juf- to beV^i'eTea
tices of the Peace, upon oath firft to be made by any credible peiion, that fuch affidavit
perfon has good reafon to believe that the Still ot Stills employed by any Licenced
perfon, doe9 or do contain a greater number of gallons in the body or bodies
thereof, than what is fpecified in his requifition or Licence, to grant a Search
Warrant to a Peace Officer ; taking with him the parly making oath as aforefaid,
and any one othei perfon, for the purpole of examining the Still Houfe or other
place where any Still or Stills may be let up, and of rneafuring or gauging the bo-
dies thereof : Provided always, that no fuch Warrant be executed before Sun-rife,
or after Sun- fet.
XI. And be it further Enaiied by the Authority aforefaid, That it fhall not be lawful Diftiiier«<
for any perfon working any Licenced Still or Stills as afoiefaid, to fell or barter J^1, *I0*t0 **
any quantity of fuch Diflilled Liquors lefs than three gallons, nor fhall it be law- u""" ° *°*
ful for the Secretary of the Province or any of his. Agents, to grant a Licence for
the purpofe of Diftilling Spirituous Liquors, to any perfon or perfons Licenced at
the fame time to retail Spirituous Liquors, or to grant a Licence for retailing Spi-
iituous Liquors, to any perfon or perfons Licenced at the fame time to Diitill Spi-
iituous Liquors.
XII. And be it further Enatttd by tkt Authority aforefaidt That all tnoniei which payraest of «»
(hall be received by the Secretary of the Province or his Agents, under and by reoniti into th»
virtue of this Act, for Licences, to commence on the fiitb day of September next, h»nds of *h*
{hall be paid by the Secretary into the hands of the Receiver General of this Pro- *£*""**»*
vince, on or before the twentieth day of May and that all monies hereafter
to be received by vatue of this A&, for Licences, to commence on the fixth day
oi April, {hall be faid ip to the faid Receiver General on or before the twenty
4 Firfl Parliaments LAWS OF THE PROVINCE OP UPPER CANADA,
Third SeJJion. J 34^ Geo, 3. c. n. A. D. 1794.
firft day of June next enfuing, and that all monies that may be teceived by virttt£
of this Aft after the faid twenty-firR day of June in each and every year fuccef-
fively, be paid in to the Receiver General, on or before the fifth day cf April
next enfuing.
Poundaseofthe XIII. And be it further Ena8ed by the Authority oforejaid, That it fhall and may hi
Receiver Gene, lawful to and for the Receiver General, as Treafurer of this Province, to deduil
from and out of the feveral fums of money to him paid by the Secretary of the
Province, under and by virtue of this Act, the ium of three pounds, for etery
hundred pounds by him received as aforefaid.
Accounting of XIV* Ani be if Mther Enatied by the Authority aforefaid, That all the fines, forfei-
»onies. tures and penalties that fhall be incurred under this Act, fhall be accounted for to
HisMajefty, through the Commiffioners of His Majefly's Treafury fo» the that
being, in iuch manner and form as His Majefty fhall direel.